Deputy General Counsel

The Education Secretariat is committed to equity and values the unique and diverse characteristics and experiences of every member of its workforce. We encourage an authentic workplace where colleagues show up as their full selves, where collaboration, innovation, and connections are key to realizing our mission that all children, youth, and families thrive socially, academically, and economically. We seek teammates who are committed to promoting a diverse and inclusive work environment where everyone is valued and engaged. We encourage you to apply and identify your strengths in these areas.

Job Description:Deputy General Counsel

The Legal Office of the Department of Elementary and Secondary Education (DESE) advises the Board of Elementary and Secondary Education (BESE), Commissioner and DESE staff on issues of education law, policy and administration; works with the Attorney General?s Office on litigation; and oversees the Office of Professional Practice Investigations. The Legal Office works together with all policy units to implement DESE?s Educational Vision (https://www.doe.mass.edu/commissioner/vision/default.html), which provides:

Our educational vision document describes the Department of Elementary and Secondary Education?s aspiration ? our vision ? for elementary and secondary public education and adult basic education in the Commonwealth of Massachusetts. This vision is anchored in our commitment to high-quality teaching and learning in the Commonwealth. We will continue to work with districts, schools, and educators to promote teaching and learning that is antiracist, inclusive, multilingual, and multicultural; that values and affirms each and every student and their families; and that creates equitable opportunities and experiences for all students, particularly those who have been historically underserved.

The work of this Deputy General Counsel position in the Legal Office involves providing legal advice, leadership and support to advance the Commissioner?s and BESE?s strategic initiatives with a particular focus on special education and English learner education. More generally, the work involves administrative law practice, including legal research and writing; drafting regulations, legislation, and advisory opinions; preparing for and conducting administrative hearings; drafting and reviewing contracts and interagency agreements; collaborating with the Attorney General?s Office on litigation; and communicating with other state and federal agencies about education matters.

The Deputy General Counsel will report to the Deputy General Counsel/Special Advisor to the Commissioner and work closely with other colleagues in the Legal Office.

The selected candidate will perform the following duties:

• Develop, negotiate, communicate and execute legal strategies to advance and defend state education policies relating to special education and English learner education;

• Provide legal recommendations to the Commissioner and DESE?s senior leadership on administration of DESE?s duties under state and federal law relating to special education and English learner education;

• Oversee all work in the legal office on matters of education law and policy relating to special education and English learner education;

• Provide legal counsel to DESE?s offices of Special Education Planning and Policy, Problem Resolution System, Special Education in Institutional Settings, Approved Special Education Schools and Public School Monitoring;

• Provide legal counsel to DESE?s Office of Language Acquisition;

• Prepare written and oral information, legal memoranda and advisory opinions for DESE administrators and staff and local school officials concerning their duties under state and federal law, with a focus on state and federal law relating to the education of students with disabilities and English learners;

• Communicate and coordinate as needed with officials of other state and federal agencies, school and district leaders, parents, advocacy organizations, and other constituencies regarding education laws and policies affecting students with disabilities and English learners;

• Coordinate and manage strategy relating to the application and enforcement of education laws, including working in collaboration with the Attorney General?s Office in representing the Commissioner, DESE and BESE in litigation;

• Represent DESE in interagency meetings;

• Represent DESE in administrative adjudicatory proceedings before the Bureau of Special Education Appeals; and

• Perform other duties as assigned.

Based on assignment, travel may be required.

This position is based at the Department of Elementary and Secondary Education in Everett. Staff are currently operating within a hybrid work model, telecommuting up to three days per week.

Preferred Qualifications

The qualified candidate will possess:

• Excellent analytical and legal research skills;

• Excellent writing skills and oral communication skills;

• Respect for diversity and awareness of cultural competency;

• Exemplary ethical standards;

• Successful experience in the practice of law, including familiarity with the following: state and federal education laws, state and federal laws and regulations affecting educational programs and services for students with disabilities, and state and federal laws and regulations affecting English learners;

• Successful experience with administrative adjudicatory hearings or litigation;

• Strong interpersonal skills, including the ability to establish rapport, motivate and establish positive and productive relationships with colleagues and clients from diverse perspectives;

• Successful experience supervising teams, including the ability to provide feedback and manage workflows.

• Sound judgment;

• Ability to handle matters with mature judgment and discretion;

• Strong organizational skills, including the ability to manage complex tasks and meet deadlines;

• Ability to work with confidential information and maintain the highest level of confidentiality;

• Strong computer skills and fluency with Microsoft Word and Excel.

Successful candidates must have:

• Admitted to the Massachusetts Bar as a member in good standing and eligible to practice law in the Commonwealth of Massachusetts;

• At least five years of full-time or equivalent part-time, professional experience in practicing law;

• Knowledge of and experience in legal research methods;

• Ability to exercise discretion in handling confidential information;

• Ability to communicate well orally and in writing.

Please include a copy of your resume and cover letter with your online submission.

Questions regarding this posting or the application process should be referred to Maureen O?Brien at Maureen.T.O?Brien@Mass.Gov